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4-13-09 vMINUTES REGULAR CITY COMMISSION MEETING April 13, 2009 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve City Attorney Alan C. Jensen Mayor Pro Tem Mike Borno City Manager Jim Hanson Commissioner John L. Fletcher City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of March 23, 2009. Motion: Aanrove the minutes of the Regular Commission Meeting of March 23, 2009, as written. Moved by Borno, Seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Stephen Kuti, 1132 Linkside Dr., addressed the Commission regarding the grade of the stainless steel used for the sculpture proposed for the roundabout at the end of Atlantic Blvd. He further stated the mirror will get pitted and will not reflect. Sally Clemens, 1638 Park Terrace West, addressed the Commission stating Michael Dunlap and Kelly Elmore have presented excellent visionary appeals for the Pathfinder but suggested if this is approved the privately donated money should be collected before the sculpture is begun. She further addressed the chain link fences along Mayport Road, stating she believes it would be better if the City used monies from the tree fund to plant appropriate greenery along these fences. She stated this would not only beautify the area but also help to prevent pollution from dust and the fumes from vehicles, therefore helping our environment. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. April 13.2009 REGULAR COMMISSION MEETING Page 2 Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Public Works & Utility Departments Project Status Report as of March 31, 2009 and Building Department Monthly Activity Report for March 2009. Mayor Meserve read the Consent Agenda. Motion: Approve Consent Agenda Item A, as read. Moved by Parsons, seconded by Borno. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-09-96, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. Mayor Meserve read the Ordinance by title, explaining this is a transfer of funds from one area to another to fund some Public Works projects that the City was going to borrow money for. Motion: Approve Ordinance No. 20-09-96, as read. Moved by Borno, seconded by Fletcher. City Manager Hanson stated this budget amendment also includes money budgeted for the City's share of the acquisition of the Buckman property. He stated the public hearing for that is scheduled at the next regular meeting. Mayor Meserve further April 13, 2009 REGULAR COMMISSION MEETING PaEe 3 stated the biggest part of this is $1.9 million that would be taken out of the general fund to fund up mostly engineering which will be paid back when the City bonds the bigger project to make sure we can make the TMDL requirements. Commissioner Fletcher agreed, since we have the money in the bank, it is cheaper to use our own money rather than borrow it. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Sculpture in Town Center. City Manager Hanson explained this item was deferred from the last meeting so all Commissioners could be present. Mayor Meserve stated Michael Dunlap and the sculptors were in the audience to answer questions from the Commission. Mayor Meserve stated safety, security and long-term maintenance are his concerns. He stated he would support approval if, along with raising the funds to build the sculpture, the Town Center Agency would escrow an amount of $36,000 toward maintenance costs and agree to turning over all responsibility for maintenance and final disposition to the cities. Commissioner Parsons agreed Town Center Agency should put in more money to cover maintenance, and wants to get everyone in agreement, but does not believe the cities should get involved with what kind of art was chosen or where it should go. He stated he believes the cities should take responsibility for the insurance. Commissioner Borno referred to Resolution 08-05, Item 3, "any final plan approved should include an acceptable solution as to where to place the annual Christmas Tree and holding associated lighting ceremonies", which he believes has been totally avoided in everything that has been brought forward to the Commission. He further stated he will not burden the City's taxpayers with any financial obligation for maintenance. He stated he supports the majority he has heard from who don't want the view changed and will not support the sculpture. Commissioner Woods referred to Michael Dunlap's statement, "the Pathfinder will become the identity of our beaches Town Center and an iconic element in the urban landscape. The beach proximity will serve as a stark and unique backdrop to the triploid tower element." She stated the purpose of this sculpture is to become the Town Center beaches identity and she does not understand what this has to do with Atlantic Beach and Neptune Beach. She asked the artists to explain what this sculpture has to do with Atlantic Beach and Neptune Beach, stating she thinks of the beaches as residential and seaside vacation and this sculpture is more harsh and shipping industry. Artist Jay Shoots explained he and his partner, Robert Noelke, tried to come up with a concept that actually interacted with the wind, water, and light and would constantly be changing and they believed, graphically, it fit in the 24-foot circle April 13, 2009 REGULAR COMMISSION MEETING Page 4 that was selected for this piece of sculpture. He stated they believe it evolves all the elements of the natural beach. He stated it is nautical and they like that because it is at the beach and they do not believe it takes away from the view of the beach at all. Commissioner Fletcher asked about the caliber of the stainless steel. Michael Dunlap explained it will be made from 316 stainless, which is the highest available. He also stated they will put aside the necessary funds to cover the maintenance and will put it in escrow but does not believe the exact dollar figure needs to be a part of the deal tonight. He stated they are looking for an approval and have some fundraising to do, but they believe they have a coating that will cover it for ten years easily and have indicated the additional ten years will be covered by these escrow funds. He stated this leaves the only maintenance for the City for the first twenty years is to wash it a couple of times a year. Commissioner Fletcher stated he does support the sculpture and public art but is not a judge of what that public art should be. He stated he is concerned that it is a kinetic piece of art and asked if the ball bearings will have to be maintained more frequently than every ten years. Mr. Dunlap stated one of the upgrades were the sealed bearings which don't need a lot of attention. He clarified they intend to fundraise the cost of the sculpture, which they figure to be $250,000, and they will also fundraise the escrow account for maintenance. He stated they don't need to iron out a contract tonight; they just need an approval to get to the next step. He stated they still need Neptune Beach's approval. Commissioner Fletcher further stated if the cities are going to accept the art, he believes it needs to be accompanied with an escrow account that everyone agrees will be adequate to keep the taxpayer out of maintaining it. Regarding the Mayor's comment about ultimate disposition, Mr. Fletcher asked if there would be an acceptance agreement the cities would enter into where they might be required to replace it if were destroyed. Mayor Meserve stated his concerns were what happens if we have a hurricane and the sculpture sustains damage, will the cities be bound to replace it and, if so, what will our insurance cover on a piece like that. Commissioner Woods expressed her concern regarding the sculpture blocking the ocean view and Mr. Dunlap explained why he does not see the sight line being an issue. Commissioner Parsons stated he believes the City can accept the issue of insurance and hopes Neptune Beach will feel the same way, but he still has an issue with the maintenance. He stated as long as the Town Center Agency will raise the money to take care of the maintenance and he could see the minutes where they voted on it, he will vote to support it. Mr. Dunlap reiterated they intend to provide maintenance on the project for the first twenty years, whatever that cost is. Motion: Approve request for sculpture based on Atlantic Beach and Neptune Beach coming to a mutually agreeable dollar amount for a maintenance escrow account. Moved by Parsons, Seconded by Fletcher April 13, 2009 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 3 -Fletcher, Meserve, Parsons Nay: 2 - Borno, Woods MOTION CARRIED B. Proposed Mid-year Budget Amendment to Offset Revenue Loss. City Manager Hanson explained the newest State Revenue estimates show a further reduction in funds available to the City in the current fiscal year of $98,529, which is in addition to the budget amendment that was adopted in February reducing the budget by approximately $375,000 in revenues. He further summarized the recommendations for reductions to the City's expenditure budget and requested authorization to prepare a budget amendment to incorporate these changes. Commissioner Parsons stated he would prefer to continue the Board Member Reception, at a reduced cost, rather than eliminate it completely. Commissioner Woods agreed with Commissioner Parsons but also reminded the Commission there will be an additional cost in the future for the insurance for the sculpture that they need to consider. It was the consensus of the Commission to authorize staff to prepare an Ordinance to amend the budget. C. Actuarial Reports; Police and General. Finance Director Nelson Van Liere summarized the Actuarial Reports stating the City will need to fund $599,292 in the General Plan, an increase of approximately $70,000 from last year. He stated the City will contribute $337,000 to the Police Plan, which is an $80,000 increase. He stated the percentage of funding decreased from 73.6% funded to 72.9% for the General Plan and 74.6% funded to 71.1 % for the Police Plan. He then answered questions from the Commission. D. Acceptance of water/sewer lines in Haywood Estates. City Manager Hanson explained this is a Habitat development with new water and sewer lines and we are ready to take them on as part of the system. Public Utilities Director Donna Kaluzniak explained this project has 32 units in 16 Habitat houses. Motion: Accent water/sewer infrastructure at Havwood Estates subdivision for ownership and maintenance by the City of Atlantic Beach. Moved by Parsons, Seconded by Fletcher Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED April I3, 2009 REGULAR COMMISSION MEETING Pace 6 E. Child Abduction Response Team (CART) (City Manager) Chief Classey explained the Child Abduction Response Team, stating this is a limited mutual aid agreement in event of a child abduction and this is a renewal of what has been in effect for several years. Motion: Authorize City Manager to sign agreement for the Police Department to participate in the local Child Abduction Response Team Moved by Borno, Seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. Mutual Aid Agreement between Atlantic Beach Police Department and University of North Florida Police Department. Chief Classey explained this is a renewal of apre-existing mutual aid agreement with the University of North Florida Police Department that has been in effect for many years. Motion: Approve Mutual Aid Agreement between Atlantic Beach and the University of North Florida and authorize the City Manager to sign the agreement. Moved by Parsons, Seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED G. Approval of Application for Justice Assistance Grant Approval Chief Classey explained this is part of the Federal stimulus package and will provide $33,538 grant funding. He stated they will use the money to supplement the patrol salary budget. Motion: Authorize Mayor to sign related paperwork for application and subsequent paperwork related to the JAG grant and authorize Chief Classey to submit the application on line and have the_ authorization to electronically sign the on-line application on behalf of the Mayor and the Ci Moved by Borno, Seconded by Woods. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED April 13.2009 REGULAR COMMISSION MEETING Page 7 City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported input from residents in Royal Palms subdivision indicated a high priority was additional street lights. He stated the Police Department surveyed their area and there is a list of lights the City will add soon. He further reported there was an error in the newspaper, stating the extra cost to the City is expected to be $250/month, not $25,000/month, as reported. He also reported two additional hybrid vehicles for police use have added to the City's fleet, with a third being delivered in early May, bringing the total fleet of City hybrid electric to four vehicles and one all electric vehicle. Discussion ensued regarding the wattage of the street lights, with Mr. Carper explaining the City will generally stay with the 70 watt bulbs unless there is a need to go with a higher wattage in some areas. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Appointments to Code Enforcement Board Commissioner Borno explained, after interviewing all candidates, the Board Member Review Committee recommended Veda Bernstein to serve on the Code Enforcement Board to fill the vacancy of Mamie Hurd who resigned because she moved out of the City. He further explained Ms. Bernstein is currently serving as the alternate member and by her presence has allowed the Board to maintain a quorum when other members have been absent. Motion: Aaaoint Veda Bernstein to serve on the Code Enforcement Board to fill the vacancv of Mamie Hurd. Moved by Borno, Seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno explained that by moving the alternate member up, a vacancy was created for an alternate member, and after the interviews, the Committee recommended appointing Nicholas Dodaro to serve on the Code Enforcement Board to fill the alternate position. Aaril 13, 2009 REGULAR COMMISSION MEETING Page S Motion Aaaoint Nicholas Dodaro to serve on the Code Enforcement Board to fill the alternate aosition. Moved by Borno, Seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno • Gave an update on his trip to Tallahassee with Mayor Meserve, Commissioner Woods and City Manager Hanson to meet with the legislators in Tallahassee. • Stated he received a copy of a proposed resolution requesting the City of Jacksonville continue to keep the Tax Collector's office at the beach and asked for support to have staff draft a resolution to consider at the next meeting. Mayor Meserve agreed this should be done. • Thanked staff for the completion of the Duval County School Interlocal Agreement, stating it has been accepted. • Reminded everyone there is a Florida League of Cities meeting this Thursday. He also reminded the Commission that the Beaches are hosting the May 21st meeting and urged them to attend with their spouses. He further stated he will be in contact with the Commission to help him with door prizes for that meeting. Commissioner Parsons • Asked Chief Classey if anything had happened with the lights on Selva Marina Drive yet. Chief Classey stated that has been completed and has been turned over to Rick Carper, but they are having to prioritize because of the limited budget. • Received call from someone in Oceanwalk regarding whether the City disallows certain colors for doors. He also received a call from someone in his neighborhood regarding a 4-foot fence, which is permitted by the City, but which is not allowed by his HOA. Asked for guidance from the Commission. Mayor Meserve stated the City should not get involved with the rules set by Homeowner's Associations. Mr. Jensen stated that is a private contract between property owners and the City cannot enforce their Homeowner's Association's rules. • Announced "In Search of Atlantis" will be erected with a tentative unveiling on May 30. Commissioner Woods • Reported on the meeting with the St. Johns River Water Management District in Palatka regarding the water withdrawal from the St. Johns River. She stated they were split on their decision when she left at 4:00 pm. Aaril 13, 2009 REGULAR COMMISSION MEETING Page 9 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:18 p.m. Mayor/Presiding Officer ATTEST: ~o/~tee Dorma L. Bartle, CMC City Clerk